Bill Text: TX HB2748 | 2019-2020 | 86th Legislature | Introduced

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Bill Title: Relating to regulation of the retail sale of fireworks.

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2019-05-08 - Postponed 7/4/19 10:00 AM [HB2748 Detail]

Download: Texas-2019-HB2748-Introduced.html

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86R11144 ADM-D
By: Perez H.B. No. 2748

A BILL TO BE ENTITLED
AN ACT
relating to regulation of the retail sale of fireworks.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 2154.001(11), Occupations Code, is
amended to read as follows:
(11) "Jobber" means a person who purchases fireworks
[only] for resale to retailers.
SECTION 2. Section 2154.153(a), Occupations Code, is
amended to read as follows:
(a) A person must be a licensed jobber if the person stores,
possesses, and sells Fireworks 1.4G [only] to retailers in this
state.
SECTION 3. Section 2154.202(a), Occupations Code, is
amended to read as follows:
(a) Except as authorized under Section 2154.208, a [A]
person selling fireworks directly to the public must annually
obtain a nonrenewable retail fireworks permit for each retail
location.
SECTION 4. Subchapter E, Chapter 2154, Occupations Code, is
amended by adding Section 2154.208 to read as follows:
Sec. 2154.208. SALE OF FIREWORKS TO PUBLIC BY LICENSED
JOBBERS. (a) A jobber who holds a jobber license issued under this
chapter may offer fireworks for retail sale to the public only at a
location for which the jobber obtains a retail location permit from
the state fire marshal's office.
(b) A permit issued under this section expires on the date
the permit holder's jobber license expires under this chapter.
(c) A jobber who holds a retail location permit issued under
this section may offer fireworks for retail sale to the public at
the location specified in the permit during the period beginning
January 1 and ending at midnight on December 31.
SECTION 5. Sections 352.051(b) and (c), Local Government
Code, are amended to read as follows:
(b)(1) The Texas A&M Forest Service in the ordinary course
of its activities shall determine whether drought conditions, as
defined under Subsection (a)(2), exist on average in any county
requesting such a determination. The Texas A&M Forest Service shall
make available the measurement index guidelines used to determine
whether drought conditions exist in a particular area. Following
any determination that such drought conditions exist, the Texas A&M
Forest Service shall notify said county or counties when such
drought conditions no longer exist. The Texas A&M Forest Service
shall make its services available each business day [during the
Texas Independence Day, San Jacinto Day, Memorial Day, Fourth of
July, and December fireworks seasons] to respond to the request of
any county for a determination whether drought conditions exist on
average in the county.
(2) The Texas A&M Forest Service shall be allowed to
take such donations of equipment or funds as necessary to aid in the
carrying out of this section.
(c) Upon a determination under this section that drought
conditions exist on average in a specified county, the
commissioners court of the county by order may prohibit or restrict
the sale or use of restricted fireworks in the unincorporated area
of the county. In addition, [during the December fireworks season,]
the commissioners court of a county by order may restrict or
prohibit the sale or use of restricted fireworks in specified areas
when conditions on rural acreage in the county not under
cultivation for a period of at least 12 months are determined to be
extremely hazardous for the danger of fire because of high grass or
dry vegetation.
SECTION 6. Section 352.051(d), Local Government Code, is
repealed.
SECTION 7. Not later than December 1, 2019, the
commissioner of insurance shall adopt the rules and prescribe the
forms necessary to implement the changes in law made by this Act.
SECTION 8. This Act takes effect September 1, 2019.